More SMSF members accessing funds without meeting conditions: ATO

The ATO said it is seeing a rise in behaviours which indicate SMSF members may be accessing their funds before meeting the conditions of release.

.

“For instance, there has been an increase in the number of SMSFs not lodging their annual returns and in the reporting of regulatory contraventions involving loans to related parties, in-house assets and breaches of the payment standards,” the Tax Office said in a statement. 

 “For those new to the system a key indicator of illegal early release relates to SMSFs that fail to lodge a return in their first year of operation.

“This figure has increased from approximately 3000 for the 2019 financial year to around 5400 for the 2021 financial year. For those lodging and being subjected to an independent SMSF audit, loans and in-house assets account for the highest proportion of contraventions reported in auditor contravention reports at around 19 per cent and 17 per cent respectively.

However, the SMSF Association said it was not aware of the increase.

“We are not aware of the exact reasons why the ATO are experiencing an increase in super money being accessed before a condition of release has been met but we fully support the ATO’s compliance approach,” said Peter Burgess, CEO of the SMSF Association.

“It’s important SMSF trustees understand the preservation rules and that they do not access their retirement savings before they are legally able to do so. It’s important they understand their obligations as an SMSF trustee which also includes the requirement to lodge an annual return with the ATO by the required due date.

“The ATO’s recently released fact sheet on illegal early access provides a very useful summary of the preservation rules, and we encourage SMSF practitioners to make this publication available to existing and prospective SMSF trustees.”

The fact sheet Illegal early access to super | Australian Taxation Office (ato.gov.au) warns people of the consequences of accessing their super before meeting a condition of release. 

 

 

 

Keeli Cambourne
24 March 2023
smsfadviser.com

More Articles

It’s super hump month. Make the most of it

Six ways to get more money into your super fund before 30 June . Now that we’re already almost six...

Read full article

Which country produces the most electricity annually?

https://www.youtube.com/watch?v=bTSRC3J555o Check out which Country Produce most Electricity per year...

Read full article

What does 2026 look like in the SMSF sector?

Continued growth in the sector fueled by younger trustees looking at alternative investments are on the cards...

Read full article

Three timeless investing lessons from Warren Buffett

Warren Buffett is stepping back, but his investment wisdom endures . For decades, Warren Buffett’s...

Read full article

It’s not just Div 296 that could face changes in 2026

With the objective of superannuation now firmly in place and a new draft of the Division 296 legislation out...

Read full article

2026 outlook: Economic upside, stock market downside

AI’s rapid evolution has increased its potential to become a transformative economic force, with promising...

Read full article

What had the biggest impact on the sector in 2025?

Looking back on 2025, there were several major changes that helped to re-shape the sector . Peter...

Read full article

Care needed with ceased legacy pensions

SMSF members with legacy pensions should be aware a commuted income stream may affect their Centrelink...

Read full article

Heathmont Financial Services Pty Ltd (ABN 68 106 250 104) trading as Heathmont Financial Services is a Corporate Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd (ABN 74 630 256 227), Australian Financial Services Licence Number (AFSL) 513763.

Julian McGoldrick is an Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd AFSL 513763.

Financial Services Guide - Disclaimer & Privacy Policy

^